Esteban Arevalo, Appellant v. the State of Texas, Appellee

Summary

The Court held that the second prong of the Rousseau‑Aguilar‑Royster test, which requires some evidence that a defendant is guilty only of the lesser offense, applies to the State as well as to defendants when the State seeks a lesser‑included‑offense instruction. Accordingly, the Court vacated the Court of Appeals' judgment and remanded for further analysis of the State's evidentiary argument and the harmless‑error issue.